Wadjularbinna Nulyarimma & Ors v Phillip Thompson; Buzzacott & Ors v Minister for the Environment

In this case, two separate cases were brought into one. In the first case, the appellants challenged the “ten point plan” to reform the operation of native land title in Australia and in the second case the appellant challenges the failure to pursue the World Heritage listing of the lake Eyre. In both cases, the appellants claimed that the actions taken could be considered to be some new form genocide of the aborigines and sued in that respect.

The plaintiffs filled their claim in front of the Federal Court of Australia on the basis that the “ten point plan” to reform the operation of native title in Australia was a deliberate attempt to destroy the Aboriginal race and that the failure to pursue the World Heritage listing of the lake Eyre in order to grant a mining permit to a big mining multinational was also a form of genocide as it would result in the destruction of the flora and fauna on which the livelihood of the local aborigines was relying.

The Federal Court of Australia considered that even if genocide is recognized as being part of international customary law it does not form part of Australian law in the absence of legislation declaring genocide a crime. As a result it dismissed the appeal.